K BABU RAO Vs. K MAHALAKSHMI

JUDGEMENT

(1.) THIS Criminal Revision case is directed against the order granting maintenance by the Court of X Metropolitan Magistrate, Secunderabad, in M.C. No.31 of 1989. Admittedly, the order is passed ex-parte. No proper opportunity was given to the petitioner to adduce his evidence and project his case. In the circumstances, the impugned order passed by the Court of X Metropolitan Magistrate, Secunderabad in M.C. No.31/89 is set aside and the said Magistrate shall restore the said case to file and conduct trial afresh after affording further opportunity to either of the parties. But, pending the same, in addition to what has been paid by the petitioner, till this date, the petitioner shall pay an amount of Rs.600/- (Rs.150/- to each of the four respondents i.e.1 to 4 herein) by way of interim maintenance. THIS interim maintenance paid shall not be recoverable and so also the amounts which have been paid till this day. I am making it clear that apart from the amounts already paid by the petitioner till this day, he shall be liable to pay at the rate of only Rs.600/- per month from the month of March, 1993 onwards till the disposal of the main case and the regular maintenance will depend upon the result of the above main petition for maintenance.

(2.) THE Criminal Revision case is allowed in part to the extent indicated above.